AN ACT relating to the provision of broadband service.
Create new sections of KRS Chapter 278 to find that state-of-the-art telecommunications is essential and that market-based competition creates innovation and reduces cost; add definitions for "ARMIS," "basic local exchange service," "broadband service," "competing local exchange carrier," and "telephone utility"; prohibit any type of state regulation of broadband services; prohibit the implementation of any requirement on facilities or equipment used to provide broadband; prohibit any type of state regulation of broadband rates, the terms of broadband service, or entry by providers into the broadband market; sunset any existing requirement on broadband service; affirm that the duties of local exchange carriers to provide unbundled network elements to providers to the extent required by federal law; affirm the right to charge for access and other charges for broadband services; affirm the right of service providers to obtain access to the publicly switched network.

HCS - Retain original provisions of HB 627; delete definitions for "ARMIS", "Basic local exchange carrier", "Competing local exchange carrier"; and "Telephone utility"; amend definition of "broadband" to mean a service that is used to access the Internet and that transmits data at not less than 200 kilobits per second; create new Section 4 to establish a 19-member task force to examine the deployment of broadband in the Commonwealth with findings and recommendations to be reported to the Legislative Research Commission and to the Governor no later than November 15, 2004.

HCA (1, T. Pullin) - Amend the definition of "broadband to mean that the service is used to provide access to the Internet and that information is transmitted at" a rate not less than 200 kilobits; affirm that the definition of "broadband" does not include intrastate services other than digital subscriber line service.

HCA (2, K. Hall) - Establish a 19-member Kentucky Broadband Task Force to examine the deployment of broadband in the Commonwealth with a report of findings and recommendations by November 15, 2004.

HFA (1, T. Pullin) - Preserve Public Service Commission jurisdiction over interconnection agreements and the authority granted to the Public Service Commission under 47 U.S.C. section 271.

HFA (2, T. Pullin) - Void state requirements on the provision of broadband established prior to April 1, 2001.

HFA (3, R. Webb) - Permit the Public Service Commission to review and determine the feasibility of using excess earnings of an incumbent local exchange carrier to install equipment or facilities to provide broadband service to unserved or rural areas of the Commonwealth; permit the commission to approve an infrastructure development plan to allow an incumbent local exchange carrier to make those installations in lieu of making refunds.

HFA (4, R. Webb) - Retain state authority to investigate and enforce state or federal laws against cramming, slamming, or spamming customers of a broadband service provider.

HFA (9, T. Pullin) - Allow the Public Service Commission to continue to collect penalties for violation by telephone utilities of the PAP plan.

HFA (10, T. Pullin) - Authorize the Public Service Commission to investigate and enforce consumer service complaints.

SCS - Retain original provisions of HB 627/GA; require telephone utilities to make digital subscriber line service available to competitive local exchange carriers on the same basis as Internet service providers; authorize the task force to meet over a biennium and to complete its study by November 15, 2005; require the Office of the New Economy to prepare a baseline assessment of broadband deployment in the Commonwealth and to give six-month updates on broadband deployment.

SFA (1, E. Harris) - Authorize the Office of the Attorney General to redress consumer service complaints of broadband service.

SFA (2, E. Harris) - Prohibit a telephone company from refusing to provide broadband service if that customer switches to another carrier for voice services.

SFA (3, W. Blevins) - Prohibit a telephone company that offers unregulated broadband to refuse to provide a customer service if that customer switches carriers for regulated voice service.

SFA (4, W. Blevins) - Allow the task force to meet over a biennium to issue an interim and final report; require the Public Service Commission to develop a baseline assessment of broadband deployment and provide six-month updates on deployment over the biennium.

SFA (5, W. Blevins) - Allow the Office of the Attorney General to have jurisdiction over consumer service complaints for broadband service.

SFA (6, E. Harris) - Permit the Public Service Commission to resume jurisdiction over unbundled elements if the Federal Communications Commission does not issue federal regulations.

SFA (7, E. Harris) - Require telephone utilities to offer digital subscriber line service to competing local exchange carriers at the same terms and conditions offered to Internet service providers.

SFA (8, E. Harris) - Permit the task force to meet over a biennium and to issue an interim and final report on broadband deployment; require the Office of the New Economy to develop a baseline assessment of broadband deployment.